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Legal killing of a person as punishment for committing a crime From Wikipedia, the free encyclopedia
Capital punishment, also known as the death penalty and formerly called judicial homicide,[1][2] is the state-sanctioned killing of a person as punishment for actual or supposed misconduct.[3] The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital (lit. 'of the head', derived via the Latin capitalis from caput, "head") refers to execution by beheading,[4] but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as murder, assassination, mass murder, child murder, aggravated rape, terrorism, aircraft hijacking, war crimes, crimes against humanity, and genocide, along with crimes against the state such as attempting to overthrow government, treason, espionage, sedition, and piracy. Also, in some cases, acts of recidivism, aggravated robbery, and kidnapping, in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for a status beyond one's control, or without employing any significant due process procedures.[3] Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment.[5] For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression.
The top 3 countries by the number of executions are China, Iran and Saudi Arabia.[6] As of 2021, 56 countries retain capital punishment, 111 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice.[7] Although the majority of countries have abolished capital punishment, over half of the world's population live in countries where the death penalty is retained, including India, the U.S., Indonesia, Pakistan, Bangladesh, Japan, Vietnam, Egypt, Nigeria, Ethiopia and DR Congo. As of 2023, only 2 out of 38 OECD member countries (the United States and Japan) allow capital punishment.[8]
Capital punishment is controversial, with many people, organisations, and religious groups holding differing views on whether it is ethically permissible. Amnesty International declares that the death penalty breaches human rights, specifically "the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment."[9] These rights are protected under the Universal Declaration of Human Rights, adopted by the United Nations in 1948.[9] In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment.[10] The Council of Europe, which has 46 member states, has worked to end the death penalty and no execution has taken place in its current member states since 1997. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020,[11] eight non-binding resolutions calling for a global moratorium on executions, with support for eventual abolition.[12]
Execution of criminals and dissidents has been used by nearly all societies since the beginning of civilisations on Earth.[13] Until the nineteenth century, without developed prison systems, there was frequently no workable alternative to ensure deterrence and incapacitation of criminals.[14] In pre-modern times the executions themselves often involved torture with painful methods, such as the breaking wheel, keelhauling, sawing, hanging, drawing and quartering, burning at the stake, crucifixion, flaying, slow slicing, boiling alive, impalement, mazzatello, blowing from a gun, schwedentrunk, and scaphism. Other methods which appear only in legend include the blood eagle and brazen bull.[citation needed]
The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishments for wrongdoing generally included blood money compensation by the wrongdoer, corporal punishment, shunning, banishment and execution. In tribal societies, compensation and shunning were often considered enough as a form of justice.[15] The response to crimes committed by neighbouring tribes, clans or communities included a formal apology, compensation, blood feuds, and tribal warfare.
A blood feud or vendetta occurs when arbitration between families or tribes fails, or an arbitration system is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organized religion. It may result from crime, land disputes or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished."[16]
In most countries that practice capital punishment, it is now reserved for murder, terrorism, war crimes, espionage, treason, or as part of military justice. In some countries, sexual crimes, such as rape, fornication, adultery, incest, sodomy, and bestiality carry the death penalty, as do religious crimes such as Hudud, Zina, and Qisas crimes, such as apostasy (formal renunciation of the state religion), blasphemy, moharebeh, hirabah, Fasad, Mofsed-e-filarz and witchcraft. In many countries that use the death penalty, drug trafficking and often drug possession is also a capital offence. In China, human trafficking and serious cases of corruption and financial crimes are punished by the death penalty. In militaries around the world, courts-martial have imposed death sentences for offences such as cowardice, desertion, insubordination, and mutiny.[17]
Elaborations of tribal arbitration of feuds included peace settlements often done in a religious context and compensation system. Compensation was based on the principle of substitution which might include material (for example, cattle, slaves, land) compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of the crime because the social system was based on tribes and clans, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things.[18] Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat or blood money). One of the more modern refinements of the blood feud is the duel.
In certain parts of the world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties. Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slaves emerged. Accordingly, the systems of tribal arbitration were submerged into a more unified system of justice which formalized the relation between the different "social classes" rather than "tribes". The earliest and most famous example is Code of Hammurabi which set the different punishment and compensation, according to the different class or group of victims and perpetrators. The Torah/Old Testament lays down the death penalty for murder,[19] kidnapping, practicing magic, violation of the Sabbath, blasphemy, and a wide range of sexual crimes, although evidence[specify] suggests that actual executions were exceedingly rare, if they occurred at all.[20][page needed]
A further example comes from Ancient Greece, where the Athenian legal system replacing customary oral law was first written down by Draco in about 621 BC: the death penalty was applied for a particularly wide range of crimes, though Solon later repealed Draco's code and published new laws, retaining capital punishment only for intentional homicide, and only with victim's family permission.[21] The word draconian derives from Draco's laws. The Romans also used the death penalty for a wide range of offences.[22]
Protagoras (whose thought is reported by Plato) criticised the principle of revenge, because once the damage is done it cannot be cancelled by any action. So, if the death penalty is to be imposed by society, it is only to protect the latter against the criminal or for a dissuasive purpose.[23] "The only right that Protagoras knows is therefore human right, which, established and sanctioned by a sovereign collectivity, identifies itself with positive or the law in force of the city. In fact, it finds its guarantee in the death penalty which threatens all those who do not respect it."[24][25]
Plato saw the death penalty as a means of purification, because crimes are a "defilement". Thus, in the Laws, he considered necessary the execution of the animal or the destruction of the object which caused the death of a man by accident. For the murderers, he considered that the act of homicide is not natural and is not fully consented by the criminal. Homicide is thus a disease of the soul, which must be reeducated as much as possible, and, as a last resort, sentence to death if no rehabilitation is possible.[26]
According to Aristotle, for whom free will is proper to man, a person is responsible for their actions. If there was a crime, a judge must define the penalty allowing the crime to be annulled by compensating it. This is how pecuniary compensation appeared for criminals the least recalcitrant and whose rehabilitation is deemed possible. However, for others, he argued, the death penalty is necessary.[27]
This philosophy aims on the one hand to protect society and on the other hand to compensate to cancel the consequences of the crime committed. It inspired Western criminal law until the 17th century, a time when the first reflections on the abolition of the death penalty appeared.[28]
The Twelve Tables, the body of laws handed down from archaic Rome, prescribe the death penalty for a variety of crimes including libel, arson and theft.[29] During the Late Republic, there was consensus among the public and legislators to reduce the incidence of capital punishment. This opinion led to voluntary exile being prescribed in place of the death penalty, whereby a convict could either choose to leave in exile or face execution.[30]
A historic debate, followed by a vote, took place in the Roman Senate to decide the fate of Catiline's allies when he attempted to seize power in December, 63 BC. Cicero, then Roman consul, argued in support of the killing of conspirators without judgment by decision of the Senate (Senatus consultum ultimum) and was supported by the majority of senators; among the minority voices opposed to the execution, the most notable was Julius Caesar.[31] The custom was different for foreigners who did not hold rights as Roman citizens, and especially for slaves, who were transferrable property.[citation needed]
Crucifixion was a form of punishment first employed by the Romans against slaves who rebelled, and throughout the Republican era was reserved for slaves, bandits, and traitors. Intended to be a punishment, a humiliation, and a deterrent, the condemned could take up to a few days to die. Corpses of the crucified were typically left on the crosses to decompose and to be eaten by animals.[32]
There was a time in the Tang dynasty (618–907) when the death penalty was abolished.[33] This was in the year 747, enacted by Emperor Xuanzong of Tang (r. 712–756). When abolishing the death penalty, Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution. Thus, depending on the severity of the crime a punishment of severe scourging with the thick rod or of exile to the remote Lingnan region might take the place of capital punishment. However, the death penalty was restored only 12 years later in 759 in response to the An Lushan Rebellion.[34] At this time in the Tang dynasty only the emperor had the authority to sentence criminals to execution. Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in the year 730 and 58 executions in the year 736.[33]
The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offences respectively. Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening a coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition. Despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one's ancestors to die without returning one's body to the grave intact.
Some further forms of capital punishment were practiced in the Tang dynasty, of which the first two that follow at least were extralegal.[clarification needed] The first of these was scourging to death with the thick rod[clarification needed] which was common throughout the Tang dynasty especially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death.[35] A further form of execution called Ling Chi (slow slicing), or death by/of a thousand cuts, was used from the close of the Tang dynasty (around 900) to its abolition in 1905.
When a minister of the fifth grade or above received a death sentence the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to the execution ground in a cart rather than having to walk there.
Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place.[35]
In medieval and early modern Europe, before the development of modern prison systems, the death penalty was also used as a generalised form of punishment for even minor offences.[36]
In early modern Europe, a mass panic regarding witchcraft swept across Europe and later the European colonies in North America. During this period, there were widespread claims that malevolent Satanic witches were operating as an organised threat to Christendom. As a result, tens of thousands of women were prosecuted for witchcraft and executed through the witch trials of the early modern period (between the 15th and 18th centuries).
The death penalty also targeted sexual offences such as sodomy. In the early history of Islam (7th–11th centuries), there is a number of "purported (but mutually inconsistent) reports" (athar) regarding the punishments of sodomy ordered by some of the early caliphs.[37][38] Abu Bakr, the first caliph of the Rashidun Caliphate, apparently recommended toppling a wall on the culprit, or else burning him alive,[38] while Ali ibn Abi Talib is said to have ordered death by stoning for one sodomite and had another thrown head-first from the top of the highest building in the town; according to Ibn Abbas, the latter punishment must be followed by stoning.[38][39] Other medieval Muslim leaders, such as the Abbasid caliphs in Baghdad (most notably al-Mu'tadid), were often cruel in their punishments.[40][page needed] In early modern England, the Buggery Act 1533 stipulated hanging as punishment for "buggery". James Pratt and John Smith were the last two Englishmen to be executed for sodomy in 1835.[41] In 1636 the laws of Puritan governed Plymouth Colony included a sentence of death for sodomy and buggery.[42] The Massachusetts Bay Colony followed in 1641. Throughout the 19th century, U.S. states repealed death sentences from their sodomy laws, with South Carolina being the last to do so in 1873.[43]
Historians recognise that during the Early Middle Ages, the Christian populations living in the lands invaded by the Arab Muslim armies between the 7th and 10th centuries suffered religious discrimination, religious persecution, religious violence, and martyrdom multiple times at the hands of Arab Muslim officials and rulers.[44][45] As People of the Book, Christians under Muslim rule were subjected to dhimmi status (along with Jews, Samaritans, Gnostics, Mandeans, and Zoroastrians), which was inferior to the status of Muslims.[45][46] Christians and other religious minorities thus faced religious discrimination and religious persecution in that they were banned from proselytising (for Christians, it was forbidden to evangelise or spread Christianity) in the lands invaded by the Arab Muslims on pain of death, they were banned from bearing arms, undertaking certain professions, and were obligated to dress differently in order to distinguish themselves from Arabs.[46] Under sharia, Non-Muslims were obligated to pay jizya and kharaj taxes,[45][46] together with periodic heavy ransom levied upon Christian communities by Muslim rulers in order to fund military campaigns, all of which contributed a significant proportion of income to the Islamic states while conversely reducing many Christians to poverty, and these financial and social hardships forced many Christians to convert to Islam.[46] Christians unable to pay these taxes were forced to surrender their children to the Muslim rulers as payment who would sell them as slaves to Muslim households where they were forced to convert to Islam.[46] Many Christian martyrs were executed under the Islamic death penalty for defending their Christian faith through dramatic acts of resistance such as refusing to convert to Islam, repudiation of the Islamic religion and subsequent reconversion to Christianity, and blasphemy towards Muslim beliefs.[44]
Despite the wide use of the death penalty, calls for reform were not unknown. The 12th-century Jewish legal scholar Moses Maimonides wrote: "It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death." He argued that executing an accused criminal on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof, until we would be convicting merely "according to the judge's caprice". Maimonides's concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission.[47]
While during the Middle Ages the expiatory aspect of the death penalty was taken into account, this is no longer the case under the Lumières. These define the place of man within society no longer according to a divine rule, but as a contract established at birth between the citizen and the society, it is the social contract. From that moment on, capital punishment should be seen as useful to society through its dissuasive effect, but also as a means of protection of the latter vis-à-vis criminals.[48]
In the last several centuries, with the emergence of modern nation states, justice came to be increasingly associated with the concept of natural and legal rights. The period saw an increase in standing police forces and permanent penitential institutions. Rational choice theory, a utilitarian approach to criminology which justifies punishment as a form of deterrence as opposed to retribution, can be traced back to Cesare Beccaria, whose influential treatise On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty.[49] In England, Jeremy Bentham (1748–1832), the founder of modern utilitarianism, called for the abolition of the death penalty.[50] Beccaria, and later Charles Dickens and Karl Marx noted the incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view.
In England in the 18th century, when there was no police force, Parliament drastically increased the number of capital offences to more than 200. These were mainly property offences, for example cutting down a cherry tree in an orchard.[51] In 1820, there were 160, including crimes such as shoplifting, petty theft or stealing cattle.[52] The severity of the so-called Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime.[53]
In Nazi Germany, there were three types of capital punishment; hanging, decapitation, and death by shooting.[54] Also, modern military organisations employed capital punishment as a means of maintaining military discipline. In the past, cowardice, absence without leave, desertion, insubordination, shirking under enemy fire and disobeying orders were often crimes punishable by death (see decimation and running the gauntlet). One method of execution, since firearms came into common use, has also been firing squad, although some countries use execution with a single shot to the head or neck.
Various authoritarian states employed the death penalty as a potent means of political oppression.[55] Anti-Soviet author Robert Conquest claimed that more than one million Soviet citizens were executed during the Great Purge of 1936 to 1938, almost all by a bullet to the back of the head.[56][57] Mao Zedong publicly stated that "800,000" people had been executed in China during the Cultural Revolution (1966–1976). Partly as a response to such excesses, civil rights organisations started to place increasing emphasis on the concept of human rights and an abolition of the death penalty.[citation needed]
By continent, all European countries but one have abolished capital punishment;[note 1] many Oceanian countries have abolished it;[note 2] most countries in the Americas have abolished its use,[note 3] while a few actively retain it;[note 4] less than half of countries in Africa retain it;[note 5] and the majority of countries in Asia retain it, for example, China, Japan and India.[58]
Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the EU. The United States is a notable exception: some states have had bans on capital punishment for decades, the earliest being Michigan, where it was abolished in 1846, while other states still actively use it today. The death penalty in the United States remains a contentious issue which is hotly debated.
In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred though this tends to cause legislative efforts to improve the judicial process rather than to abolish the death penalty. In abolitionist countries, the debate is sometimes revived by particularly brutal murders, though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries to effectively end the moratorium on the death penalty. One notable example is Pakistan which in December 2014 lifted a six-year moratorium on executions after the Peshawar school massacre during which 132 students and 9 members of staff of the Army Public School and Degree College Peshawar were killed by Tehrik-i-Taliban Pakistan terrorists, a group distinct from the Afghan Taliban, who condemned the attack.[59] Since then, Pakistan has executed over 400 convicts.[60]
In 2017, two major countries, Turkey and the Philippines, saw their executives making moves to reinstate the death penalty.[61] In the same year, passage of the law in the Philippines failed to obtain the Senate's approval.[62]
On 29 December 2021, after a 20-year moratorium, the Kazakhstan government enacted the 'On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Abolition of the Death Penalty' signed by President Kassym-Jomart Tokayev as part of series of Omnibus reformations of the Kazak legal system 'Listening State' initiative.[63]
In 724 AD in Japan, the death penalty was banned during the reign of Emperor Shōmu but the abolition only lasted a few years.[64] In 818, Emperor Saga abolished the death penalty under the influence of Shinto and it lasted until 1156.[65][66] In China, the death penalty was banned by Emperor Xuanzong of Tang in 747, replacing it with exile or scourging. However, the ban only lasted 12 years.[64] Following his conversion to Christianity in 988, Vladimir the Great abolished the death penalty in Kievan Rus', along with torture and mutilation; corporal punishment was also seldom used.[67]
In England, a public statement of opposition was included in The Twelve Conclusions of the Lollards, written in 1395. In the post-classical Republic of Poljica, life was ensured as a basic right in its Poljica Statute of 1440. Sir Thomas More's Utopia, published in 1516, debated the benefits of the death penalty in dialogue form, coming to no firm conclusion. More was himself executed for treason in 1535.
More recent opposition to the death penalty stemmed from the book of the Italian Cesare Beccaria Dei Delitti e Delle Pene ("On Crimes and Punishments"), published in 1764. In this book, Beccaria aimed to demonstrate not only the injustice, but even the futility from the point of view of social welfare, of torture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, the future emperor of the Holy Roman Empire, abolished the death penalty in the then-independent Grand Duchy of Tuscany, the first abolition in modern times. On 30 November 1786, after having de facto blocked executions (the last was in 1769), Leopold promulgated the reform of the penal code that abolished the death penalty and ordered the destruction of all the instruments for capital execution in his land. In 2000, Tuscany's regional authorities instituted an annual holiday on 30 November to commemorate the event. The event is commemorated on this day by 300 cities around the world celebrating Cities for Life Day. Leopolds brother Joseph, the then emperor of the Holy Roman Empire, abolished in his immediate lands in 1787 capital punishment, which though only lasted until 1795, after both had died and Leopolds son Francis abolished it in his immediate lands. In Tuscany it was reintroduced in 1790 after Leopolds departure becoming emperor. Only after 1831 capital punishment was again at times stopped, though it took until 2007 to abolish capital punishment in Italy completely.
The Kingdom of Tahiti (when the island was independent) was the first legislative assembly in the world to abolish the death penalty in 1824. Tahiti commuted the death penalty to banishment.[68]
In the United States, Michigan was the first state to ban the death penalty, on 18 May 1846.[69]
The short-lived revolutionary Roman Republic banned capital punishment in 1849. Venezuela followed suit and abolished the death penalty in 1863[70][71] and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In Portugal, after legislative proposals in 1852 and 1863, the death penalty was abolished in 1867. The last execution in Brazil was 1876; from then on all the condemnations were commuted by the Emperor Pedro II until its abolition for civil offences and military offences in peacetime in 1891. The penalty for crimes committed in peacetime was then reinstated and abolished again twice (1938–1953 and 1969–1978), but on those occasions it was restricted to acts of terrorism or subversion considered "internal warfare" and all sentences were commuted and not carried out.
Many countries have abolished capital punishment either in law or in practice. Since World War II, there has been a trend toward abolishing capital punishment. Capital punishment has been completely abolished by 108 countries, a further seven have done so for all offences except under special circumstances and 26 more have abolished it in practice because they have not used it for at least 10 years and are believed to have a policy or established practice against carrying out executions.[72]
In the United States between 1972 and 1976 the death penalty was declared unconstitutional based on the Furman v. Georgia case, but the 1976 Gregg v. Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed on the death penalty in Atkins v. Virginia (2002; death penalty unconstitutional for people with an intellectual disability) and Roper v. Simmons (2005; death penalty unconstitutional if defendant was under age 18 at the time the crime was committed). In the United States, 23 of the 50 states and Washington, D.C. ban capital punishment.
In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence, arson in royal dockyards and a number of wartime military offences as capital crimes) for a five-year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964. It was abolished for all offences in 1998.[73] Protocol 13 to the European Convention on Human Rights, first entering into force in 2003, prohibits the death penalty in all circumstances for those states that are party to it, including the United Kingdom from 2004.
Abolition occurred in Canada in 1976 (except for some military offences, with complete abolition in 1998); in France in 1981; and in Australia in 1973 (although the state of Western Australia retained the penalty until 1984). In South Australia, under the premiership of then-Premier Dunstan, the Criminal Law Consolidation Act 1935 (SA) was modified so that the death sentence was changed to life imprisonment in 1976.
In 1977, the United Nations General Assembly affirmed in a formal resolution that throughout the world, it is desirable to "progressively restrict the number of offences for which the death penalty might be imposed, with a view to the desirability of abolishing this punishment".[74]
Most nations, including almost all developed countries, have abolished capital punishment either in law or in practice; notable exceptions are the United States, Japan, Taiwan, and Singapore. Additionally, capital punishment is also carried out in China, India, and most Islamic states.[75][76][77][78][79][80]
Since World War II, there has been a trend toward abolishing the death penalty. 54 countries retain the death penalty in active use, 112 countries have abolished capital punishment altogether, 7 have done so for all offences except under special circumstances, and 22 more have abolished it in practice because they have not used it for at least 10 years and are believed to have a policy or established practice against carrying out executions.[81]
According to Amnesty International, 20 countries are known to have performed executions in 2022.[82] There are countries which do not publish information on the use of capital punishment, most significantly China and North Korea. According to Amnesty International, around 1,000 prisoners were executed in 2017.[83] Amnesty reported in 2004 and 2009 that Singapore and Iraq respectively had the world's highest per capita execution rate.[84][85] According to Al Jazeera and UN Special Rapporteur Ahmed Shaheed, Iran has had the world's highest per capita execution rate.[86][87] A 2012 EU report from the Directorate-General for External Relations' policy department pointed to Gaza as having the highest per capita execution rate in the MENA region.[88]
Country | Total executed (2022) | |
---|---|---|
Capital Punishments UK [89] | Amnesty International [82] | |
China | Unknown | >1,000 |
Iran | >596 | >576 |
Saudi Arabia | 146 | 196 |
Egypt | 13 | 24 |
Somalia | 19 | >6 |
United States | 18 | 18 |
Singapore | 11 | 11 |
Iraq | 4 | >11 |
Kuwait | 7 | 7 |
Palestine | 5 | 5 |
South Sudan | 2 | >5 |
Bangladesh | 4 | 4 |
Myanmar | 4 | 4 |
Yemen | 1 | >4 |
Belarus | 0 | 3 |
Japan | 1 | 1 |
Syria | 1 | Unknown |
Jordan | 1 | 0 |
Afghanistan | 0 | Unknown |
North Korea | Unknown | Unknown |
Vietnam | Unknown | Unknown |
The use of the death penalty is becoming increasingly restrained in some retentionist countries including Taiwan and Singapore.[90][better source needed] Indonesia carried out no executions between November 2008 and March 2013.[91] Singapore, Japan and the United States are the only developed countries that are classified by Amnesty International as 'retentionist' (South Korea is classified as 'abolitionist in practice').[92][93] Nearly all retentionist countries are situated in Asia, Africa and the Caribbean.[92] The only retentionist country in Europe is Belarus and in March 2023 Belarusian President Alexander Lukashenko signed a law which allows to use capital punishment against officials and soldiers convicted of high treason.[94] During the 1980s, the democratisation of Latin America swelled the ranks of abolitionist countries.[95]
This was soon followed by the overthrow of the socialist states in Europe. Many of these countries aspired to enter the EU, which strictly requires member states not to practice the death penalty, as does the Council of Europe (see Capital punishment in Europe). Public support for the death penalty in the EU varies.[96] The last execution in a member state of the present-day Council of Europe took place in 1997 in Ukraine.[97][98] In contrast, the rapid industrialisation in Asia has seen an increase in the number of developed countries which are also retentionist. In these countries, the death penalty retains strong public support, and the matter receives little attention from the government or the media; in China there is a small but significant and growing movement to abolish the death penalty altogether.[99] This trend has been followed by some African and Middle Eastern countries where support for the death penalty remains high.
Some countries have resumed practising the death penalty after having previously suspended the practice for long periods. The United States suspended executions in 1972 but resumed them in 1976; there was no execution in India between 1995 and 2004; and Sri Lanka declared an end to its moratorium on the death penalty on 20 November 2004,[100] although it has not yet performed any further executions. The Philippines re-introduced the death penalty in 1993 after abolishing it in 1987, but again abolished it in 2006.[101]
The United States and Japan are the only developed countries to have recently carried out executions. The U.S. federal government, the U.S. military, and 27 states have a valid death penalty statute, and over 1,400 executions have been carried in the United States since it reinstated the death penalty in 1976. Japan has 108 inmates with finalized death sentences as of February 2, 2024[update], after Yuki Endo, who was sentenced to death on 18 January, by the Kofu District Court for murdering the parents of his love interest and setting fire to their home in Yamanashi prefecture on 12 October 2021, when Endo was 19 years old at the time of the double murder,[102] withdrew the appeal to the High Court, which was filed by his attorney, thus Endo's death sentence was finalized.
The most recent country to abolish the death penalty was Kazakhstan on 2 January 2021 after a moratorium dating back 2 decades.[103][104]
According to an Amnesty International report released in April 2020, Egypt ranked regionally third and globally fifth among the countries that carried out most executions in 2019. The country increasingly ignored international human rights concerns and criticism. In March 2021, Egypt executed 11 prisoners in a jail, who were convicted in cases of "murder, theft, and shooting".[105]
According to Amnesty International's 2021 report, at least 483 people were executed in 2020 despite the COVID-19 pandemic. The figure excluded the countries that classify death penalty data as state secret. The top five executioners for 2020 were China, Iran, Egypt, Iraq and Saudi Arabia.[106]
The public opinion on the death penalty varies considerably by country and by the crime in question. Countries where a majority of people are against execution include Norway, where only 25% support it.[107] Most French, Finns, and Italians also oppose the death penalty.[108] In 2020, 55% of Americans supported the death penalty for an individual convicted of murder, down from 60% in 2016, 64% in 2010, 65% in 2006, and 68% in 2001.[109][110]